9670 Federal Register / Vol. 73, No.
36 / Friday, February 22, 2008 / Rules and Regulations
actions, which, in combination with
flammable fuel vapors, could result in a fuel
tank explosion and consequent loss of the
airplane.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Service Information Reference
(f) The term ‘‘Document D6–8766–AWL,’’
as used in this AD, means Boeing 727–100/
200 Airworthiness Limitations (AWLs), D6–
8766–AWL, dated March 2006.
Maintenance Program Revision
(g) Before December 16, 2008, revise the
FAA-approved maintenance program to
incorporate the information in the sections
specified in paragraphs (g)(1), (g)(2), (g)(3),
and (g)(4) of this AD; except that the initial
inspection required by paragraph (h) of this
AD must be done at the applicable
compliance time specified in that paragraph.
Accomplishing the revision in accordance
with a later revision of Document D6–8766–
AWL is an acceptable method of compliance
if the revision is approved by the Manager,
Seattle Aircraft Certification Office (ACO),
FAA.
(1) Section A, ‘‘SCOPE’’ of Document D6–
8766–AWL.
(2) Section B, ‘‘FUEL SYSTEMS
AIRWORTHINESS LIMITATIONS,’’ of
Document D6–8766–AWL.
(3) Section C, ‘‘SYSTEM AWL PAGE
FORMAT,’’ of Document D6–8766–AWL.
(4) Section D, ‘‘AIRWORTHINESS
LIMITATIONS—FUEL SYSTEMS,’’ of
Document D6–8766–AWL.
Initial Inspection and Repair if Necessary
(h) At the later of the compliance times
specified in paragraphs (h)(1) and (h)(2) of
this AD, do a detailed inspection of the wire
bundles routed over the center fuel tank for
damaged clamps, wire chafing, and wire
bundles in contact with the surface of the
center fuel tank, in accordance with AWL
No. 28–AWL–01 of Section D of Document
D6–8766–AWL. If any discrepancy is found
during the inspection, repair the discrepancy
before further flight in accordance with AWL
No. 28–AWL–01 of Section D of Document
D6–8766–AWL. Accomplishing the actions
required by this paragraph in accordance
with a later revision of Document D6–8766–
AWL is an acceptable method of compliance
if the revision is approved by the Manager,
Seattle ACO. Accomplishing AWL No. 28–
AWL–01 as part of an FAA-approved
maintenance program prior to the applicable
compliance time specified in paragraph (h)(1)
or (h)(2) of this AD constitutes compliance
with the requirements of this paragraph.
Note 2: For the purposes of this AD, a
detailed inspection is: ‘‘An intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
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irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying
lenses, etc., may be necessary. Surface
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cleaning and elaborate procedures may be
required.’’
(1) Prior to the accumulation of 36,000
total flight cycles, or within 120 months
since the date of issuance of the original
standard airworthiness certificate or the date
of issuance of the original export certificate
of airworthiness, whichever occurs first.
(2) Within 72 months after the effective
date of this AD.
No Alternative Inspections, Inspection
Intervals, or CDCCLs
(i) After accomplishing the applicable
actions specified in paragraphs (g) and (h) of
this AD, no alternative inspections,
inspection intervals, or CDCCLs may be used
unless the inspections, intervals, or CDCCLs
are part of a later revision of Document D6–
8766–AWL that is approved by the Manager,
Seattle Aircraft Certification Office (ACO),
FAA; or unless the inspections, intervals, or
CDCCLs are approved as an AMOC in
accordance with the procedures specified in
paragraph (j) of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Seattle ACO, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(k) You must use Boeing 727–100/200
Airworthiness Limitations (AWLs), D6–
8766–AWL, dated March 2006, to do the
actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
(3) You may review copies of the service
information incorporated by reference at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at
the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: http://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on February
13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–3069 Filed 2–21–08; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–0264; Directorate
Identifier 2007–NM–212–AD; Amendment
39–15378; AD 2008–04–06]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 707 Airplanes and Model 720
and 720B Series Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: We are adopting a new
airworthiness directive (AD) for all
Boeing Model 707 airplanes and Model
720 and 720B series airplanes. This AD
requires repetitive inspections for any
cracking of or damage to the left side
and right side flight deck No. 2, No. 4,
and No. 5 windows, as necessary, and
corrective actions if necessary. This AD
results from reports of in-flight
departure and separation of the flight
deck windows. We are issuing this AD
to detect and correct cracking in the
vinyl interlayer or damage to the
structural inner glass panes of the flight
deck No. 2, No. 4, and No. 5 windows,
which could result in loss of a window
and rapid loss of cabin pressure. Loss of
cabin pressure could cause crew
communication difficulties or crew
incapacitation.
DATES: This AD is effective March 28,
2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of March 28, 2008.
ADDRESSES: Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
Examining the AD Docket
You may examine the AD docket on
the Internet at http://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Berhane Alazar, Aerospace Engineer,
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 Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Rules and Regulations
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6577; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to all
Boeing Model 707 airplanes and Model
720 and 720B series airplanes. That
NPRM was published in the Federal
Register on December 3, 2007 (72 FR
67866). That NPRM proposed to require
repetitive inspections for any cracking
of or damage to the left side and right
side flight deck No. 2, No. 4, and No. 5
windows, as necessary, and corrective
actions if necessary.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the single comment
received. Boeing supports the NPRM.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
Costs of Compliance
There are about 238 airplanes of the
affected design in the worldwide fleet.
This AD affects about 83 airplanes of
U.S. registry. The required actions take
about 2 work hours per airplane, at an
average labor rate of $80 per work hour.
Based on these figures, the estimated
cost of the AD for U.S. operators is
$13,280, or $160 per airplane, per
inspection cycle.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
rmajette on PROD1PC64 with RULES
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
VerDate Aug<31>2005 14:24 Feb 21, 2008 Jkt 214001
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979), and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
You can find our regulatory
evaluation and the estimated costs of
compliance in the AD Docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
■ Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
■ 1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
■ 2. The FAA amends § 39.13 by adding
the following new AD:
2008–04–06 Boeing: Amendment 39–15378.
Docket No. FAA–2007–0264; Directorate
Identifier 2007–NM–212–AD.
Effective Date
(a) This airworthiness directive (AD) is
effective March 28, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Boeing Model
707–100 long body, –200, –100B long body,
and –100B short body series airplanes; Model
707–300, –300B, –300C, and –400 series
airplanes; and Model 720 and 720B series
airplanes, certificated in any category.
PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\22FER1.SGM
9671
Unsafe Condition
(d) This AD results from reports of in-flight
departure and separation of the flight deck
windows. We are issuing this AD to detect
and correct cracking in the vinyl interlayer or
damage to the structural inner glass panes of
the flight deck No. 2, No. 4, and No. 5
windows, which could result in loss of a
window and rapid loss of cabin pressure.
Loss of cabin pressure could cause crew
communication difficulties or crew
incapacitation.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Repetitive Inspections and Replacement
(f) At the applicable times specified in
Tables 1, 2, and 3 of paragraph 1.E. of Boeing
707 Alert Service Bulletin A3526, dated June
4, 2007, except as provided by paragraph (g)
of this AD: Do the internal and external
detailed inspections for any cracking of or
damage to the left side and right side flight
deck No. 2, No. 4, and No. 5 windows, as
applicable, and do the applicable corrective
actions before further flight, by
accomplishing all of the applicable actions
specified in the Accomplishment
Instructions of Boeing 707 Alert Service
Bulletin A3526, dated June 4, 2007. Repeat
the inspections thereafter at the applicable
interval specified in paragraph 1.E. of Boeing
707 Alert Service Bulletin A3526, dated June
4, 2007.
Exception to Compliance Times
(g) Where Tables 1, 2, and 3 of paragraph
1.E. of Boeing 707 Alert Service Bulletin
A3526, dated June 4, 2007, specify counting
the compliance time from ‘‘* * * the date on
this service bulletin,’’ this AD requires
counting the compliance time from the
effective date of this AD.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD, if it is approved by an
Authorized Representative for the Boeing
Commercial Airplanes Delegation Option
Authorization Organization who has been
authorized by the Manager, Seattle ACO, to
make those findings. For a repair method to
be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
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 9672 Federal Register / Vol. 73, No. 36 / Friday, February 22, 2008 / Rules and Regulations
Material Incorporated by Reference
(i) You must use Boeing 707 Alert Service
Bulletin A3526, dated June 4, 2007, to do the
actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
(3) You may review copies of the service
information incorporated by reference at the
FAA, Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington; or at
the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: http://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on February
11, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–2994 Filed 2–21–08; 8:45 am]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[TD 9378]
RIN 1545–BE35
Release of Lien or Discharge of
Property; Correction
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
SUMMARY: This document contains
corrections to final regulations (TD
9378) that were published in the
Federal Register on Thursday, January
31, 2008 (73 FR 5741) relating to release
of lien and discharge of property under
sections 6325, 6503 and 7423 of the
Internal Revenue Code. These
regulations update existing regulations
and contain procedures for processing a
request made by a property owner for
discharge of a Federal tax lien from his
property under section 6325(b)(4). The
regulations also clarify the impact of
these procedures on sections 6503(f)(2)
and 7426(a)(4) and (b)(5).
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DATES: The correction is effective
February 22, 2008.
FOR FURTHER INFORMATION CONTACT:
Debra A. Kohn, (202) 622–7985 (not a
toll-free number).
VerDate Aug<31>2005 14:24 Feb 21, 2008 Jkt 214001
SUPPLEMENTARY INFORMATION:
Background
The final regulations (TD 9378) that
are the subject of the correction are
under sections 6325, 6503 and 7426 of
the Internal Revenue Code.
Need for Correction
As published, final regulations (TD
9378) contain errors that may prove to
be misleading and are in need of
clarification.
List of Subjects in 26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
Correction of Publication
■ Accordingly, 26 CFR part 301 is
corrected by making the following
amendments:
PART 301—PROCEDURE AND
ADMINISTRATION
■ Paragraph 1. The authority citation
for part 301 continues to read, in part,
as follows:
Authority: 26 U.S.C. 7805 * * *
■ Par. 2. Section 301.6325–1 is
amended by revising the second
sentence of paragraph (b)(2)(i) and first
sentence of paragraph (b)(4)(ii) to read
as follows:
§ 301.6025–1 Release of lien or discharge
of property.
* * * * * DATES:
(b) * * *
(2) * * *
(i) * * * In determining the amount
to be paid, the appropriate official will
take into consideration all the facts and
circumstances of the case, including the
expenses to which the government has
been put in the matter. * * *
* * * * *
(4) * * *
(ii) * * * The appropriate official
may, in his discretion, determine that
either the entire unsatisfied tax liability
listed on the notice of Federal tax lien
can be satisfied from a source other than
the property sought to be discharged, or
the value of the interest of the United
States is less than the prior
determination of such value. * * *
* * * * *
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E8–3103 Filed 2–21–08; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 410
[CMS–6024–F]
RIN 0938–AN10
Medicare Program; Prior Determination
for Certain Items and Services
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
SUMMARY: This final rule establishes a
process for Medicare contractors to
provide eligible participating physicians
and beneficiaries with a determination
of coverage relating to medical necessity
for certain physicians’ services before
the services are furnished. This rule is
intended to afford the physician and
beneficiary the opportunity to know the
financial liability for a service before
expenses are incurred. This final rule
establishes reasonable limits on
physicians’ services for which a prior
determination of coverage may be
requested and discusses generally our
plans for establishing the procedures by
which those determinations may be
obtained. This rule also responds to
public comments on the August 30,
2005 proposed rule.
Effective Date: March 24, 2008.
FOR FURTHER INFORMATION CONTACT:
Debbie Skinner, (410) 786–7480.
SUPPLEMENTARY INFORMATION:
I. Background
A. Background of Rulemaking
On August 30, 2005, we published a
rule (70 FR 51321) proposing to
implement section 938 of the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003 (MMA) (Pub.
L. 108–173, enacted on December 8,
2003), establishing the reasonable limits
on physicians’ services for which a prior
determination of coverage may be
requested and we discussed our plans
for establishing the procedures by
which those determinations may be
obtained.
The notice and comment period
closed on October 29, 2005. We received
seven timely public comments, which
were useful in identifying issues and
concerns. We have made changes to this
final rule to address the public
comments.
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